Fula Devi & Ors vs Union of India

Heard learned counsel for the parties.

Learned counsel for the appellants has submitted that learned Tribunal vide judgment dated 19.06.2019 in case No.OA(IIU)/RNC/124/2017 passed by

Railway Claims Tribunal, Ranchi Bench has dismissed the claim application on both grounds i.e. bona-fide passenger and untoward accident as

defined under Section 123(c)(2) of the Railways Act, but without discussing the material with regard to untoward incident.

Learned counsel for the appellants has further submitted that Anup Kumar (A.W.1), son of the deceased (Govind Ram @ Govind Paswan) has

submitted that deceased was travelling in Deekshabhoomi Express vide Train No.11045, but he fell down between Bhabhua Road Rly. Station to

Dehri-on-Son.

Learned counsel for the appellants has further submitted that A.W.1 (Anup Kumar) has categorically stated in his reply to the suggestion that his

father had taken ticket, but no contrary evidence has been brought on record by the Railway, as such, in view of the judgment passed by Apex Court

in the case of Union of India vs. Rina Devi, reported in (2019) 3 SCC 572 at para 29, which is profitably quoted hereunder:-

However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger. Initial burden will

be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be

decided on the facts shown or the attending circumstances.

As such, the deceased was a bona-fide passenger and the learned Tribunal has not considered the deceased to be a bona-fide passenger and thus, the

wrong appreciation has been done by the learned Tribunal. The issue has also not been decided with regard to untoward incident and dismissed the

claim application.

Learned counsel for the respondent-railway has submitted that claimants have not discharged their initial burden that deceased was a bona-fide

passenger. As such, L.C.R. may be called for.

Considering the same, call for the L.C.R. in connection with case No.OA(IIU)/RNC/124/2017 from the Railway Claims Tribunal, Ranchi Bench,

Ranchi so as to reach this Court within four weeks.

Put up this case after four weeks.

It is made clear that no further adjournment shall be granted on any ground.